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Section 24 of the Information Technology (Amendment) Act, 2008 - Amendment Acts
Chapter X of the Information Technology Act, 2000 is revised by omitting the word "REGULATIONS" from its heading. The change is confined to the chapter heading and modifies the formal title used to identify the Chapter. No alteration to substantive provisions, powers, procedures, or legal obligations within Chapter X is specified.
Section 23 of the Information Technology (Amendment) Act, 2008 - Amendment Acts
Section 46 allocates jurisdiction over injury or damage claims by claim value: the adjudicating officer may adjudicate claims not exceeding five crore rupees, while claims exceeding that threshold vest in the competent court. Directions or orders are limited to those creating liability for penalty or compensation. The adjudicating officer is deemed a civil court solely for purposes of Order XXI of the Code of Civil Procedure, 1908.
Section 22 of the Information Technology (Amendment) Act, 2008 - Amendment Acts
Section 43A establishes compensation liability where a body corporate handling sensitive personal data or information in a computer resource it owns, controls, or operates negligently fails to implement and maintain reasonable security practices and procedures. Liability arises where that negligence causes wrongful loss or wrongful gain to any person, requiring payment of damages by way of compensation to the affected person.
Section 21 of the Information Technology (Amendment) Act, 2008 - Amendment Acts
Section 43 expands conduct attracting damages to include destruction, deletion, or alteration of information in a computer resource and acts diminishing its value, utility, or integrity. It also covers intentional stealing, concealment, destruction, or alteration of computer source code. Damages are payable by way of compensation to the affected person, and computer source code includes programme listings, commands, design and layout, and programme analysis.
Section 20 of the Information Technology (Amendment) Act, 2008 - Amendment Acts
Chapter IX of the Information Technology Act, 2000 is retitled as "Penalties, Compensation and Adjudication", incorporating compensation within the scope indicated by the chapter heading.
Section 19 of the Information Technology (Amendment) Act, 2008 - Amendment Acts
Section 40A establishes duties of a subscriber in relation to an Electronic Signature Certificate. The subscriber's obligations are subject to prescribed requirements, with the particular duties to be specified through such prescription rather than set out within section 40A itself.
Section 18 of the Information Technology (Amendment) Act, 2008 - Amendment Acts
Section 36 adds requirements for the relationship between a subscriber's private key and the public key listed in a digital signature certificate. The subscriber must hold a private key capable of creating a digital signature, while the listed public key must be capable of verifying a signature created through that private key.
Section 17 of the Information Technology (Amendment) Act, 2008 - Amendment Acts
Section 17 modifies sub-section (4) of section 35 of the Information Technology Act, 2000. It omits the first proviso and replaces "Provided further" with "Provided" in the second proviso, aligning the remaining proviso's introductory language with its position after the omission.
Section 16 of the Information Technology (Amendment) Act, 2008 - Amendment Acts
Section 16 amends section 34(1)(a) of the Information Technology Act, 2000 by omitting wording describing a certificate as containing the public key corresponding to the private key used by a Certifying Authority to digitally sign another Digital Signature Certificate. The specified public-key content requirement is thereby removed from the clause.
Section 15 of the Information Technology (Amendment) Act, 2008 - Amendment Acts
Section 30 is amended by removing the conjunction after the existing function in clause (c) and inserting functions for maintaining a repository of all Electronic Signature Certificates issued under the Information Technology Act, 2000, and publishing information on certificate practices, certificates, and their current status. The changes establish centralised certificate recordkeeping and public availability of current certificate-related information.
Section 14 of the Information Technology (Amendment) Act, 2008 - Amendment Acts
Section 29(1) is amended by replacing the reference to contraventions of the Act, rules and regulations made under it with a reference confined to contraventions of the relevant Chapter. The provision's scope is thereby anchored to contraventions within that Chapter rather than contraventions under the Act generally or under subordinate rules and regulations.
Section 13 of the Information Technology (Amendment) Act, 2008 - Amendment Acts
The Information Technology (Amendment) Act, 2008 omits section 20 from the Information Technology Act, 2000. The amendment is confined to deletion of that provision and does not specify a replacement provision, qualification, transitional arrangement, or separate operative mechanism. The legal change consists solely of the omission of section 20 from the principal Act.
Section 12 of the Information Technology (Amendment) Act, 2008 - Amendment Acts
Section 17 of the Information Technology Act, 2000 is amended in subsections (1) and (4) to include other officers and employees alongside Assistant Controllers. The amendment broadens the statutory personnel categories expressly covered by the relevant wording in both subsections while retaining Assistant Controllers within those provisions.
Section 11 of the Information Technology (Amendment) Act, 2008 - Amendment Acts
Secure electronic signatures require signature-creation data to be under the signatory's exclusive control when the signature is affixed and to be stored and used in the prescribed exclusive manner. In digital signatures, such data is the subscriber's private key. The Central Government may prescribe security procedures and practices for secure electronic records and signatures, having regard to commercial circumstances, transaction nature and related factors.
Section 10 of the Information Technology (Amendment) Act, 2008 - Amendment Acts
Section 12(1) of the Information Technology Act, 2000 replaces the phrase "agreed with the addressee" with "stipulated", altering the wording governing the relevant condition under that provision.
Section 9 of the Information Technology (Amendment) Act, 2008 - Amendment Acts
Section 10A establishes that contracts are not unenforceable solely because proposals, acceptances, or their revocations are communicated electronically or through electronic records. It applies at the contract-formation stage to communications of proposals, acceptances, and revocations of proposals or acceptances, recognising electronic form and electronic-record means as legally valid for those purposes.
Section 8 of the Information Technology (Amendment) Act, 2008 - Amendment Acts
Electronic records audit is brought within the scope of any existing legal requirement for the audit of documents, records or information. Audit provisions under any law in force apply to documents, records and information processed and maintained in electronic form.
Section 7 of the Information Technology (Amendment) Act, 2008 - Amendment Acts
Section 6A authorises the appropriate Government to permit service providers to establish, maintain and upgrade computerised facilities and deliver notified public services through electronic means. Providers may include individuals, private entities, firms and other permitted agencies. Authorised providers may collect, retain and appropriate prescribed service charges from users, including where no express provision otherwise permits e-service charges. The appropriate Government must notify the applicable charge scale and may prescribe different scales for different service categories.
Section 6 of the Information Technology (Amendment) Act, 2008 - Amendment Acts
Section 3A permits authentication of electronic records through reliable electronic signatures or authentication techniques specified in the Second Schedule. Reliability depends on exclusive linkage and control of signature-creation or authentication data, detectability of alterations to signatures and authenticated information, and fulfilment of prescribed conditions. A verification procedure may be prescribed, and only reliable signatures or techniques may be added to the Second Schedule through Official Gazette notification.
Section 5 of the Information Technology (Amendment) Act, 2008 - Amendment Acts
Chapter II of the Information Technology Act, 2000 is retitled "Digital Signature and Electronic Signature", replacing its earlier heading through section 5 of the Information Technology (Amendment) Act, 2008.